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Thread: Filing a trademark?

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    Veteran Member kittykat1971's Avatar
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    Default Filing a trademark?

    I am planning on starting a new business. How important is it to trademark the name? Can I just begin using the name and set up the website with the name to claim ownership?

    After researching it online, it looks like if you are doing business under the name, you will automatically have first rights to it (as long as the government can find your name in their trademark search). However, there may be businesses out there currently operating under the name, which I may not know about. If we both had to prove who owned the name, whomever had been using it longest wins.

    I am opening a pole dancing company, which will likely just be local. However, if Oprah decides to have me on her show, I may want to go national. I'm assuming a local business would be less likely to need a trademark?

    Thanks!

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    Veteran Member stant's Avatar
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    Default Re: Filing a trademark?

    This is a far more complex question than you might imagine.

    Get this book:

    http://www.nolo.com/product.cfm/Obje...FEE5D/310/274/

    These guys will help.

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    Veteran Member kittykat1971's Avatar
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    Default Re: Filing a trademark?

    Thanks Stant. I'll check it out!

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    Veteran Member leebay88's Avatar
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    Default Re: Filing a trademark?

    I've started a few companies and in the process of starting 2 more right now. I have never trademarked any name. If you are going to operate mainly in AZ then just form an LLC under the name. That along with owning the domain names you want will prevent a lot of people.
    In the end the success of your company will not depend if you trademarked the name. It will all depend on how well you market it. Once the name "represents" a certain image then you should trademark it.

    Good luck. New business development is fun and exciting

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